An international adoption, one in which the parents are citizens of one country and the adopted child is from another country, is referred to by the U.S. State Department as an “intercountry” adoption.[1] Thousands of international or intercountry adoptions occur each year.[2] The procedures and requirements are fairly consistent from country to country, though they will differ somewhat depending on the state in which you live and the country in which the child lives. The Hague Adoption Convention provides expectations and procedures for international adoptions. The procedures are fairly consistent around the world.

Steps

Part 1

Taking the First Steps Toward International Adoption

1

Determine your eligibility for adopting. If you are in the United States, you must be a citizen before you can adopt a child from another country. According to the United States' requirements, at least one member of a married couple must be a U.S. citizen. Additionally, to adopt internationally, the United States requires that each prospective parent must be at least 25 years old.[3]

For example, if you wish to adopt a child from Croatia, the Croatian government requires the parents to be between the ages of 21 and 35. The parents must also be at least 18 years older than the child they wish to adopt. Same sex marriages are not recognized in Croatia, so same sex couples are not eligible.[4]

2

Search for licensed adoption agencies. Adopting internationally will usually require the assistance of an adoption agency both within the United States and the country from which you wish to adopt. Most licensed agencies in the U.S. can assist in finding a licensed agency in the other country.[5]

To identify an adoption agency to help you with an international adoption, visit the Child Welfare Gateway. This is a service of the U.S. Department of Health and Human Services. You can access information about the Child Welfare Gateway at https://www.childwelfare.gov/nfcad/. Then select your home state and “Private Intercountry Adoption Agencies.”

To ensure that an adoption agency is licensed, contact the agency direction and request its license number. The agency should readily provide this information. Then contact the state licensing authority and check that the agency’s license is current.[6]

The Child Welfare directory will identify agencies that are “Hague Approved.” You will need this if you are adopting from a country that is a party to the Hague Convention.[7] If the country from which you wish to adopt a child is not a party to the Hague Convention, then the agency does not need to be “Hague approved.”

3

Check references for your adoption agency. Before you make a final selection regarding an adoption agency, ask the agency for at least three referrals. A reputable agency should be able to provide this easily. Call the references and ask how satisfied the families were with the agency’s handling of their international adoption.

4

Consult with an experienced adoption attorney (optional). If you work with a qualified international adoption agency, then the agency’s own lawyer will handle most legal issues that arise. However, if you wish to go through the process without an adoption agency, or if you want to have the extra support and experience as you work through the process, you may wish to consider hiring your own attorney.

The American Academy of Adoption Attorneys lists qualified and licensed international attorneys who may help you.[8] Once at the website, you can click on “Find an Attorney” and search by state.[9]

Call an attorney near you and inquire about his or her experience. You will want to hire an attorney with significant experience particularly in international adoptions, not just domestic adoptions.

5

Undergo the required training for adopting. If you wish to adopt a child from a country covered by the Hague Convention, you will need to participate in 10 hours of training.[10]

Be patient. Adopting a child internationally requires many forms and documents. In addition to the time it will take you to complete all the paperwork, each form must be reviewed by the appropriate governmental agencies, in both countries. You will need to allow plenty of time. An international adoption can take over a year to complete from start to finish.[12][13] A rough outline of the basic steps is as follows:

Part 2

Preparing for a Home Study

1

Plan early for the required home study. A home study is a necessary part of the adoption process, to determine your suitability for adoption. The results of this study will go to the United States Customs and Immigration Service (USCIS) and the other country’s adoption agency. Therefore, you will need to prepare for the study well before you hope to complete the adoption. If the child comes from a country that is party to the Hague Convention, then you will need to file the home study together with your initial application. If not, then you will have a year to submit your home study.[15]

2

Prepare your house for the study. As part of the home study, a licensed social worker will visit and determine the safety and comfort level of your house. This includes the overall cleanliness. You should remove trash, clutter, accumulated newspapers or magazines, or old toys or clothes. Make sure that the bathroom and kitchen are in very good condition. Make sure you have sufficient hot and cold water and repair any loosened tiles or broken shower curtain rods.

Make sure that your home is well lit and ventilated. Put screens on the windows and replace broken light bulbs.

Look for and correct any safety concerns. Move through your home and look closely for anything that might endanger a child. Conceal exposed wires and repair broken or loose banisters and steps. Keep all firearms (if you have any) locked, and store chemicals out of the reach of children.

Find out about bedroom requirements. Some states require that each child have his or her own bedroom. Some states may limit the number of children who can share one bedroom. Check with your adoption agency for your state’s requirements.

3

Meet with the home evaluator. This will generally be a licensed social worker or other state employee. The evaluator will meet with you, walk through the home checking the cleanliness and safety, and will want to interview all adults who live in the home. Each country will have its own precise requirements for the home study. [16]

During the home study, you should be ready to discuss your reasons for wanting to adopt as well as your strengths and weaknesses as a parent. Be prepared also to discuss any domestic violence or sexual abuse that you have either suffered or witnessed, either as an adult or as a child. The evaluator will be considering all available factors in determining your suitability as an adoptive parent.

Always be truthful. If you try to hide information that you think could be harmful to your application, such as an old arrest record, the cover-up will appear worse than the event itself. If you had a problem like that earlier in life, explain it openly, and explain how you have grown and learned from it.

4

Submit to a criminal records check. Each adult who lives in the home will need a criminal history check. You must disclose any arrest or conviction, or your application may be denied.[17]

Part 3

Preparing the Forms, Documents and Other Paperwork

1

Start by preparing a dossier. All international adoptions will begin by submitting a dossier to the central adoption agency in the country from which you hope to adopt a child. This dossier will usually take several months to complete. Your local adoption agency will be able to help you in compiling the information for it, so you will satisfy the requirements of the other country. A typical dossier includes:[18]

the home study

medical reports

information on finances and employment

copies of important documents, such as birth certificates and marriage certificates

certificates that show completion of any required adoption education

letters of reference

2

Check that your passport is valid. Part of the adoption process will require a visit to the child’s home country, so you will need your passport. If you have a valid passport but need to renew it, you can do so by mail. See the State Department’s webpage at http://travel.state.gov/content/passports/en/passports/renew.html for more information.

Get a US Passport also contains helpful tips and information if you do not yet have a passport and need to get one.

3

Complete the USCIS forms for pre-approval. You will need form I-600A or I-800A from the USCIS to complete this step. This is an application for a finding that you are suitable as parents to bring a child into the United States. You can apply for this pre-approval by completing specific forms. The form you use will depend on what country you are adopting from.

If the child’s home country is not a party to the Hague Convention, then you will need to fill out Form I-600A, Application for Advance Processing of an Orphan Petition.[19] Make sure to complete the form accurately and completely. Your adoption agency or attorney may be able to help you.

If the child’s home country is a party to the Hague Convention, then you will need to complete Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country.[20]

4

Complete the appropriate petition for adoption. After the pre-approval, you will need to complete the formal petition for adoption. This will be either form I-600 or I-800, depending on the child’s home country. You can download either form from the USCIS website or you may be able to get the forms from your adoption agency.

Use Form I-600, Petition to Classify Orphan as an Immediate Relative, for a child from a non-Hague Convention country.

Use Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, for a child from a Hague Convention country.[21]

Part 4

Visiting the Child’s Home Country

1

Plan enough time for your visit. Adopting a child from another country is not a precise process that you will be able to plan exactly. There may be delays along the way, so you will need to plan some additional time. Your adoption agency will help you decide how much time you should need, and then you should be prepared to spend a few extra days.

2

Meet your prospective child. This step will differ from one country to another. From some countries, you may know very little, if anything about the child you seek to adopt, until you get there. However, for other countries, you may already have the child’s name, photograph, medical history and other information before you decide to travel.[22]

3

Obtain a physical for the adopted child. To bring your adopted child back into the United States, you must get a physical examination of the child in his or her home country. The examination must show that the child is free of certain infectious or contagious diseases, before you will be allowed to travel back to the U.S.[23]

4

Attend a hearing for legal approval. Depending on the country, you may need to attend a formal hearing in court to get final approval of the adoption. Check with your adoption agency to determine whether this is a requirement for the country from which you are adopting. The agency should be able to help you with scheduling the hearing and understanding the protocols for it.

5

Find out about registration. In some countries, you may be required to file certain registration materials with an appropriate government agency before you can leave the country with the child. Find out from your adoption agency how to accomplish this registration and be sure to complete the process before you leave the country. #Obtain a US visa for your adopted child. Before you leave the child’s home country, you will need to visit a U.S. Embassy to complete paperwork and be interviewed. This is the procedure for obtaining a visa for the child’s travel and entry into the U.S.[24]

If you are adopting from a Hague Convention country, you will need to submit the visa application before completing the foreign adoption. From a non-Hague convention country, you will complete the adoption process first, and then apply for a visa. Consult with your adoption agency for information on this process.

Part 5

Finalizing your International Adoption

1

Obtain court approval of the adoption in the US. This step may not be required, if your adoption in the child’s home country was considered legally final. However, you have the option of re-adopting in a U.S. court, if you wish. This may be a good idea, if you want to have a state-issued birth certificate or if you want to rename the child.[25]

To adopt in the U.S., either your lawyer or adoption agency will file a petition with the family or probate court in your home state. A hearing will probably be scheduled, which you would need to attend.

2

Obtain family counseling or other support services. In many cases, parents with newly adopted children, particularly from another country, may wish to seek counseling for themselves or for the child. Depending on the child’s age, he or she may experience some difficulty adjusting to your culture, which will likely be very different from what he or she grew up with. In addition, you may want some help in learning how to support your child’s native heritage.

Check with your adoption agency to find out what additional services they offer after the adoption is complete, or if they can refer you to to another appropriate state agency.

For example, you may be able to find a support group in your area of other parents who have adopted children from the same country or same part of the world.[26]

3

File post-adoption reports as required. Again depending on the country where the child was living before the adoption, you may need to submit occasional reports about the child’s health and welfare. Find out from your adoption agency or attorney if these requirements apply to you.[27]

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Tips

You need to understand that international adoptions can be expensive. Including all the fees, travel, medical expenses, and other costs, you may spend as much as $15,000 to $30,000.[28]

Warnings

Ensure that you are always working with licensed adoption agencies or an attorney who is affiliated with the American Academy of Adoption Attorneys. Be wary of “adoption facilitators.” These are often unlicensed individuals who offer to match prospective parents with birth mothers in other countries. While this process may be cheaper, you cannot count on the same level of support or legal compliance.[29]